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36a1bb34
Community Member

How to file formal complaint against Freelancer once contract has ended?

To Whom it May concern, 

 

I ran into this issue on Upwork once before but unfortunately fell victim to it this time around. I contracted a 3D designer via the Upwork network based upon his rating. We contracted for a 3D product design on Upwork and he completed it on time. The next day, he suggested I have him build the prototype on his company contract off Upwork as it would save him fees and he could save me money. I knew this wasn't proper however, based upon the discount he gave, I agreed. 

I gave him 50% upfront and he spent 2 weeks building the prototype and sent me an invoice for the remainig 50% prior to shipping. I told him I'd send the remainder once I inspected the prototype. He said this was not the industry custom and I should send the remainder first. I refused and eventually he sent the prototype. To my disappointment my suspicion was correct...not only did the not prototype work (which means the 3D files he created via Upwork are useless), he attmepted to glue the 3D printed model back together in places where it had broken. He knew the prototype was defective weeks ago which means he knew his 3D/CAD design was faulty. Instead of saying this to me, he attempted to defraud me on the contract hoping I'd pay everything and then he would have the money free and clear. 

I tried texting him and asked for him to either re-do the design/prototype for free or refund the money in full. He has since blocked me from Upwork messages. But he left me a Client Review on Upwork that read, "Great Client!". LOL...great sucker more like it.

I know Upwork won't be able to get my money back and I intend to let small claims/civil court do that. My question is: how can I file a formal complaint against this freelancer so that he is blacklisted from this site and isn't able to take advantage of another client here? (And he won't be able to use Upwork as his platform to go fishing for clients avoiding their fee service)

 

Thank You. - (Pics of Cheap 3D prototype with glued broken pieces attached)

3 glued pieces. One broke off3 glued pieces. One broke offBroken pieces of prototype. Cheap materials. Freelancer wanted $2544 total for this.Broken pieces of prototype. Cheap materials. Freelancer wanted $2544 total for this.

12 REPLIES 12
jr-translation
Community Member


Michael H wrote:

To Whom it May concern, 

 

I ran into this issue on Upwork once before but unfortunately fell victim to it this time around. I contracted a 3D designer via the Upwork network based upon his rating. We contracted for a 3D product design on Upwork and he completed it on time. The next day, he suggested I have him build the prototype on his company contract off Upwork as it would save him fees and he could save me money. I knew this wasn't proper however, based upon the discount he gave, I agreed. 

I gave him 50% upfront and he spent 2 weeks building the prototype and sent me an invoice for the remainig 50% prior to shipping. I told him I'd send the remainder once I inspected the prototype. He said this was not the industry custom and I should send the remainder first. I refused and eventually he sent the prototype. To my disappointment my suspicion was correct...not only did the not prototype work (which means the 3D files he created via Upwork are useless), he attmepted to glue the 3D printed model back together in places where it had broken. He knew the prototype was defective weeks ago which means he knew his 3D/CAD design was faulty. Instead of saying this to me, he attempted to defraud me on the contract hoping I'd pay everything and then he would have the money free and clear. 

I tried texting him and asked for him to either re-do the design/prototype for free or refund the money in full. He has since blocked me from Upwork messages. But he left me a Client Review on Upwork that read, "Great Client!". LOL...great sucker more like it.

I know Upwork won't be able to get my money back and I intend to let small claims/civil court do that. My question is: how can I file a formal complaint against this freelancer so that he is blacklisted from this site and isn't able to take advantage of another client here? (And he won't be able to use Upwork as his platform to go fishing for clients avoiding their fee service)

 


Go to his profile and click on the three dots in the opper right corner.
Screenshot_2021-04-13 Lindsay L - Writer and Editor - Upwork Freelancer from Vancouver, Canada.png

colettelewis
Community Member


Michael H wrote:

To Whom it May concern, 

 

I ran into this issue on Upwork once before but unfortunately fell victim to it this time around. I contracted a 3D designer via the Upwork network based upon his rating. We contracted for a 3D product design on Upwork and he completed it on time. The next day, he suggested I have him build the prototype on his company contract off Upwork as it would save him fees and he could save me money. I knew this wasn't proper however, based upon the discount he gave, I agreed. 

[...]

And that, in a nutshell, is where it all went wrong. If you had reported the freelancer the minute he suggested circumventing, none of this would have happened. 

Very astute of you Nichola. If only you had been there and not here.... 

I'm posting not seeking your advice on what should have been done. This post is intended to escalate to Upwork so that the freelancer can be dealt with and no one else be defrauded. This platform needs a formal dispute option rather than having to air everything publicly here.

 

But thanks for your $0.02 nonetheless. Btw, do you think the Chiefs could've had a better game against the Bucs last Superbowl? Have you told OC yet? 

petra_r
Community Member

 


Michael H wrote:

This post is intended to escalate to Upwork so that the freelancer can be dealt with and no one else be defrauded.


**Edited for Community Guidelines**

 


Michael H wrote:

This platform needs a formal dispute option


It has one. But you weren't using Upwork. It's a bit like robbing a bank and your accomplice cheating you out of your proceeds, and you then expecting the bank you robbed to fix it...

36a1bb34
Community Member

That's actually incorrect Petra. 

Can you show me where, in the Upwork TOS, a client is forbidden from contracting with a freelancer outside of UpWork once their initial contract is completed via Upwork? 

 

For example, if I go to your Ebay Store and buy your goods for my first purchase...am I defrauding Ebay by going to your personal ecommerce website and buying the same goods for my second purchase? The answer would be No. It's actually a long long way from your bank robber analogy. Upwork would have been defrauded if we contracted on Upwork, then closed the contract only to complete it off-site. 

 

The problem here is: the freelancer completed the Upwork contract and asked to perform a second off Upwork. If this is a TOS violation, the violation would be his. I felt it might be improper but, since our original contract had been satisfied we were free to do business as any other 2 people would network. I only discovered the freelancer had defrauded me of $$ after he supplied a faulty prototpye. (Which would mean his original 3D/CAD design was also faulty -> this is the nature of my dispute with the freelancer and Upwork has record of this contract.) 

 

Also according to your handle, you're a "Community Guru"....so I assume you have a link to share re: the formal dispute option once a contract is closed? The only option I found via desktop is reporting a comment but you must know of another way. Can the community have that link?

 

 


Michael H wrote:

That's actually incorrect Petra. 

Can you show me where, in the Upwork TOS, a client is forbidden from contracting with a freelancer outside of UpWork once their initial contract is completed via Upwork? 

 

https://support.upwork.com/hc/en-us/articles/360052511133-Circumvention

Screenshot 2021-04-14 1.46.40 PM.png

petra_r
Community Member


Michael H wrote:

That's actually incorrect Petra. 


It actually isn't.

 


Michael H wrote:

If this is a TOS violation, the violation would be his.


It's his and yours. Equally. You both defrauded Upwork. 

The link to the terms of service you agreed to and violated have already been supplied to you (Thanks, Phyllis!).

36a1bb34
Community Member

Ok, so that's a "File not Found" on the requested links/citations then? 

AndreaG
Moderator
Moderator

Hi Michael,

 

I'm sorry to hear about your experience. We've escalated your concern to the team and they have reached out to you via support ticket in order to assist you further.

 

Thanks!

~Andrea
Upwork
36a1bb34
Community Member

Thank you Andrea. 

a_lipsey
Community Member

Well, she already did post it for you, but here it is again: 

 

7.1 MAKING PAYMENTS THROUGH UPWORK

You acknowledge and agree that a substantial portion of the compensation Upwork receives for making the Site available to you is collected through the Service Fee described in Section 5.1 and that in exchange a substantial value to you is the relationships you make with other Users when you identify or are identified by another person through the Site or Site Services (the “Upwork Relationship”). Upwork only receives the Service Fee when a Client and a Freelancer pay and receive payment through the Site. Therefore, except as set out in Section 7.2, for 24 months from the start of an Upwork Relationship (the “Non-Circumvention Period”), you agree to use the Site as your exclusive method to request, make, and receive all payments for work directly or indirectly with that person or arising out of your relationship with that person and not to circumvent the Payment Methods offered on the Site unless you pay a fee to take the relationship off of the Site (the “Conversion Fee”). For the avoidance of doubt, if you, or the business you represent, did not identify and were not identified by another person through the Site, such as if you and another User worked together before meeting on the Site, then the Non-Circumvention Period does not apply. If you use the Site as an employee, agent, or representative of another business, then the Non-Circumvention Period applies to you and other employees, agents, or representatives of the business or its successor when acting in that capacity with respect to the other User.
By way of illustration and not in limitation of the foregoing, you agree not to:
• Offer or solicit or accept any offer or solicitation from parties identified through the Site to contract, hire, invoice, pay, or receive payment in any manner other than through the Site.
• Invoice or report on the Site or in a Conversion Fee request an invoice or payment amount lower than that actually agreed, made, or received between Users.
• Refer a User you identified on the Site to a third-party who is not a User of the Site for purposes of making or receiving payments other than through the Site.
You agree to notify Upwork immediately if a person suggests to you making or receiving payments other than through the Site in violation of this Section 7 or if you receive unsolicited contact outside of the Site. If you are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential report to Upwork here.
You acknowledge and agree that a violation of any provision in this Section 7.1 is a material breach of the Terms of Service. Your Account may be permanently suspended and charged the Conversion Fee (defined above) if you violate this Section 7.1. If you refuse to accept any new version of the Terms of Service or elect not to comply with certain conditions of using the Site, such as minimum rates supported on the Site, and therefore choose to cease using the Site, you may pay the Conversion Fee for each other User you wish to continue working with on whatever terms you agree after you cease using the Site.
kochubei_valeria
Community Member

Hello All,

 

A few posts and replies have been removed from this thread and the thread has been closed from further replies.

 

We do encourage anybody who views this thread to check out the information about Circumvention that has been shared on this thread such as Upwork Help Article  and the section 7 of the User Agreement, as well as educational Community posts here and here

 

I would like to note that personal attacks and public accusations of misconduct or wrongdoing are not allowed in this Community. We also will not be discussing the status of a specific account here. Please, refer to the Community Guidelines before posting again.

 

Thank you!

~ Valeria
Upwork
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